Aboriginal Peoples
Judicial review of decision by Minister of Indian Affairs and Northern Development to withhold payment of $2.1 million payable under Pigeon Lake Split on basis Minister required further substantiation of purposes for which funds would be used—Plaintiff seeking mandamus to compel Minister to pay out $2.1 million—Under Indian Act, R.S.C., 1985, c. I-5, s. 62, all Indian moneys either categorized as “capital moneys” or “revenue moneys”—Management of capital moneys governed by Act, s. 64—Whether Minister empowered to withhold capital moneys on grounds of failure to comply with information requests—Plaintiff not making out case for order of mandamus—Under Act, s. 64, moneys from plaintiff’s account can only be disbursed with consent of both plaintiff, Minister—Minister authorized to withhold approval of disbursement when exercising discretion reasonably—Minister’s refusal to disburse not amenable to mandamus—Moneys at issue not unpaid Split moneys—Such amounts already paid to capital account—Plaintiff seeking to compel Minister to authorize disbursement from capital account—Application dismissed.
Ermineskin Indian Band and Nation v. Canada (T-1763-07, 2008 FC 1065, Phelan J., judgment dated September 23, 2008, 19 pp.)